Color trademarks are those which use a color
alone as the brand for a product, what trademark experts call a “source
indicator.” Color marks are considered non-traditional trademarks, and they are generally
disfavored by the U.S. Patent and Trademark Office. Nonetheless, some color marks have achieved
“distinctiveness,” that is, the degree of public recognition as a source indicator compels the USPTO to allow owners to register the color as
a mark in their field of commerce.
For example, United Parcel Service
holds a registration [Reg. No. 2901090] for “the color chocolate brown”
[Pantone 462C] as applied to the entire surface of vehicles and uniforms” for
the service of delivering personal property. Yellow is registered by the USPTO [Reg.
No. 78706568] to the Lance Armstrong Foundation as
a single color for wristbands for use in charitable fundraising.
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